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1. The Defendant shall pay to the Plaintiff KRW 339,765,934 and the interest rate of KRW 15% per annum from February 4, 2017 to the date of complete payment.
Reasons
1. Basic facts
A. The Plaintiff’s claim for the payment of goods against C Co., Ltd. 1) is an individual entrepreneur who manufactures and sells machinery parts, etc. under the trade name “D,” and is limited to C Co., Ltd. (hereinafter “C”).
(2) The Plaintiff has supplied goods to G(Representative: F’s wife) and C operated by F for a long time, but has not received the price of goods. The representative director, upon C’s registration, was the company manufacturing automation, heavy equipment, and industrial machinery.
Since July 16, 2013, C prepared a repayment plan to the Plaintiff that the Plaintiff would pay in installments the amount of KRW 275,470,766 to the Plaintiff, including the debt owed by G Co., Ltd., by January 15, 2015. On March 17, 2015, C prepared a repayment plan to pay in installments the unpaid amount of KRW 330,620,039 to the Plaintiff by the end of December 2015.
3) The Plaintiff provided goods equivalent to KRW 9,145,895 to C, but C did not fully pay the price for the goods. On December 16, 2015, the Plaintiff paid the price for the goods (i.e., KRW 339,765,934 to C (=30,620,039 KRW 9,145,895) (hereinafter “the price for the goods of this case”).
A request for a payment order was made on January 5, 2016, and this Court issued a payment order to the Plaintiff that “C shall pay the Plaintiff KRW 339,765,934 and delay damages therefrom,” and the said payment order was finalized on January 27, 2016.
B. On March 13, 2015, the Defendant established and operated the Defendant as “Yansan-si member I, the location of the head office of which is “C,” the purpose of which is “Industrial Machinery Manufacturing Business, Automatic Equipment Business, etc.”, the representative director was “J”, and the inside director was established as “F”. On March 19, 2015, the head office was transferred to “K” but the factory remains at the location of the said C.